Report No. 15
28. Voidable marriages.-
(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-
(a) that the marriage is in contravention of the condition specified in clause (iii) of section 4; or
[Section 19(3) Divorce Act. Cf. section 12(1)(b), H.M.A. Contrast section 24(1)(i), S.M.A.]
(b) that the respondent was impotent at the time of the marriage and continued to be so till the institution of the proceeding; or
[Section 19(1) Divorce Act. Cf. section 12(1)(a), H.M.A. Contrast section 24 (1)(ii), S.M.A.]
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner is required under clause (v) of section 4, the consent of such guardian, was obtained by force or fraud; or
[Cf. section 12(1)(c), H.M.A.] [Cf. section 25(iii), S.M.A.]
[Section 19, last para, Divorce Act]
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
[New] [Cf. section 12(1)(d), H.M.A. Cf. section 25 (ii), S.M.A.]
(2) Any marriage solemnised after the commencement of this Act shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-
(a) that the marriage is in contravention of the condition specified in clause (iv) of section 4; or
(b) that the marriage of the petitioner, being the wife, is in contravention of the condition specified in clause (u) of section 4.
[New] [Contrast, section 24(1)(i), S.M.A.]
(3) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained, if
(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;
[New] [Cf. section 12(2), H.M.A.] [Cf. section 25, 2nd proviso, S.M.A.]
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained, unless the court is satisfied
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that the proceedings have been instituted, in the case of a marriage solemnised before the commencement of this Act, within one year of such commencement and, in the case of a marriage solemnised after such commencement, within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree.
[Cf. section 12(2), H.M.A. and section 25, 1st proviso, S.M.A.]
(4) Notwithstanding anything contained in sub-section (2), no petition for annulling a marriage under that sub-section shall be entertained if the petition is presented more than one year after the petitioner has completed the age of eighteen years.
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